Death in the Workplace

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If death occurs while the decedent was on the job, the right to sue may change. Under the New York's Workmen's Compensation Act, an employee who elects to take workmen's compensation does not have a right to sue his employer for injuries in the workplace.N.Y. Workers' Comp Law §11 (Consol. 2002) If the decedent accepts workmen's compensation and gives up his right to sue, beneficiaries or surviving relatives also cannot sue for wrongful death. Werner v. State, 53 N.Y. 2d 346 (1981).

If a person's death on the job was due to the negligent actions of a third party, however, the workmen's compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workmen's compensation through his employer. Rascoe v. Riteway Rentals, 176 A.D.2d 552 (N.Y. App. Div. 1991).

In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call Law Offices of Kerner & Kerner, P.C. now at 212-964-1098 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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